Shire of Wyndham East Kimberley

[2021] FWCA 7018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Wyndham East Kimberley
(AG2021/8423)

SHIRE OF WYNDHAM EAST KIMBERLEY ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER MCKINNON	MELBOURNE, 8 DECEMBER 2021

Application for approval of the Shire of Wyndham East Kimberley Enterprise Agreement 2021.

[1] Shire of Wyndham East Kimberley has applied for approval of a single enterprise agreement known as the Shire of Wyndham East Kimberley Enterprise Agreement 2021 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from the first full pay period on or after 15 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

[5] The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Wyndham East Kimberley applied for the approval of the Enterprise Agreement 2021, which was contested by the Public Service Association of Western Australia (PSA). The matter was heard in the Fair Work Commission. The dispute centred on the terms of the agreement, particularly whether certain clauses complied with the Fair Work Act 2009 and the principles of good faith bargaining.

The legal issues included whether the terms of the agreement were fair and reasonable and if the bargaining process adhered to the requirements of good faith. The PSA argued that certain clauses in the agreement were unfair and that the bargaining process did not meet the standards of good faith. The Shire, on the other hand, maintained that the agreement was fair and that the bargaining process was conducted in good faith.

The Commission examined the terms of the agreement and the conduct of the bargaining process. It found that while some clauses in the agreement were contentious, they did not render the agreement unfair. Furthermore, the Commission concluded that the bargaining process, while not perfect, was conducted in good faith. As such, the application for approval was granted. The Commission emphasised the importance of good faith bargaining and the need for parties to strive towards fair and reasonable outcomes.

The Fair Work Commission approved the Shire of Wyndham East Kimberley Enterprise Agreement 2021. The PSA was directed to give effect to the approved agreement. The decision highlights the importance of adhering to the principles of good faith bargaining and the need for parties to strive towards fair and reasonable outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established